Citations
- 294 F.2d 96
Full opinion text
FORMAN, Circuit Judge.
These are cross appeals from a judgment of the United States District Court for the Eastern District of Pennsylvania, Jurisdiction is based on diversity of citizenship.
The suit was brought by Jack A. Rainier against the now dissolved Champion Container Company (Champion) and three of its former shareholders, Irwin R. Weiner, Ira Earl Robinson and Harry A Robinson
, ,. , . , . , . In the first count of his complaint m ,, i -Y-, . . ,, , ,, . the District Court Rainier alleged that defendants entered into a brokerage contract with him in which they agreed to pay him a commission of -five percent of the purchase price if he found a buyer for the capital stock of Champion. Rainier further alleged that he found a buyer who was ready, willing and able to buy the capital stock of Champion for $1,-000,000 and defendants agreed to sell for that price but that defendants failed to Pay the agreed commission. He therefore demanded judgment of $50,000 plus interest and costs on this count
In the second count Rainier alleged that he entered into a second contract with the defendants in which they agreed to pay him a commission of five percent of the purchase price if plaintiff found a buyer for the assets of Champion, ex-elusive of real estate. He further alleged that he found such a buyer who was ready, willing and able to pay $1,000,000 an